23rd Mar 2018


EU to Poland: artists should be free to 'shock'

  • Behemoth at work: what is art anyway? (Photo: Metal Chris)

The European Commission has said that Poland's prosecution of a rock group for "blasphemy" is against European values.

It said on Wednesday (31 October) in a written statement for EUobserver that "national blasphemy laws are a matter for the domestic legal order of the member states."

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

But it added that EU countries must respect international pacts.

It cited the European Convention of Human Rights, a Poland-signatory treaty attached to the Strasbourg-based rights watchdog, the Council of Europe, on freedom of expression.

"This right protects not only information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also those that offend, shock or disturb," the commission said.

The statement comes amid a row in Poland over a heavy metal band called Behemoth.

Its lead singer, Adam Darski, while on stage in 2007, ripped up a Bible and called the Roman Catholic church a "murderous cult."

In a case with echoes of Pussy Riot in Russia or Mohammed cartoons in Denmark, the Polish supreme court on Monday said prosecutors can go after Darski on the basis of article 196 of Poland's penal code on "the crime of offending religious sensibilities."

In theory, he faces two years in prison. But nobody expects a jail sentence if he loses.

"[The decision] is negative and restricts the freedom of speech ... We are still arguing that we were dealing with art, which allows more critical and radical statements," Darski's lawyer, Jacek Potulski, told Reuters.

"The supreme court said clearly that there are limits for artists which cannot be crossed," Ryszard Nowak, a former MP for the right-wing Law and Justice opposition party, said on Polish TV.

Culture in figures: Nordics most engaged

In general in Europe, those in the north are more culturally savvy than those in the south, if statistics are anything to go by. But there are some outliers.

Culture: 'A new wind is blowing in Europe'

Faced with falling ticket sales, cultural institutions in Europe should be looking both for ways to reach new audiences and keep existing audiences on board, according to the European Commission.

Art to protest politics in Spanish town

In early 2012, Pablo Lag stood in front of an abandoned, half-constructed house in Alicante and kicked in the door. Inside, he began work on an art exhibition “to make people in the world know what is happening in Spain.”

Germany casts doubt on Austrian intelligence sharing

An Austrian police unit headed by a far-right town councilor and tasked to tackle street crime was sent to raid the offices and homes of people working for Austria's domestic intelligence agency - prompting German counterparts to review cooperation.

News in Brief

  1. EU calls for 'permanent' exemption from US tariffs
  2. Summit backs guidelines for future EU-UK talks
  3. Macron support drops as public sector workers go on strike
  4. EU leaders condemn Turkey for illegal actions in Aegean Sea
  5. Parliament must publish 'trilogue' documents, court says
  6. European Central Bank gets Spanish vice-chair
  7. Catalonia fails to elect president - again
  8. Slovakia gets new government after journalist assassination

Stakeholders' Highlights

  1. EUobserverStart a Career in EU Media. Apply Now to Become Our Next Sales Associate
  2. EUobserverHiring - Finance Officer With Accounting Degree or Experience - Apply Now!
  3. ECR GroupAn Opportunity to Help Shape a Better Future for Europe
  4. Counter BalanceControversial Turkish Azerbaijani Gas Pipeline Gets Major EU Loan
  5. World VisionSyria’s Children ‘At Risk of Never Fully Recovering', New Study Finds
  6. Macedonian Human Rights MovementMeets with US Congress Member to Denounce Anti-Macedonian Name Negotiations
  7. Martens CentreEuropean Defence Union: Time to Aim High?
  8. UNESDAWatch UNESDA’s President Toast Its 60th Anniversary Year
  9. AJC Transatlantic InstituteAJC Condemns MEP Ana Gomes’s Anti-Semitic Remark, Calls for Disciplinary Action
  10. EPSUEU Commissioners Deny 9.8 Million Workers Legal Minimum Standards on Information Rights
  11. ACCAAppropriate Risk Management is Crucial for Effective Strategic Leadership
  12. EPSUWill the Circular Economy be an Economy With no Workers?

Latest News

  1. EU data chiefs rally behind UK over Cambridge Analytica
  2. Russian diplomats risk EU expulsions over UK attack
  3. Three presidents should attend Bosnia memorial
  4. Trump keeps EU leaders waiting on tariffs
  5. EU summit takes hard look at Russia
  6. Germany casts doubt on Austrian intelligence sharing
  7. EU leaders set for 'stormy debate' on digital tax at summit
  8. EU praises Turkey on migrant deal despite Greek misery